Disabled person in Wal-Mart thrown out!

[caseysmom]

The only thing that came to my mind was that I wondered if this pitt bull was in a city where they are banned? Then the store manager would have been within her rights.

I doubt someone would have a pittie as their service dog in a city where they are banned...seems pretty unlikely.

[DrKym]

Even if the breed is banned in a city or a county, if the animal is a CERTIFIED service animal, the Federal Act takes precedence. Federal law supercedes all state and county and town laws Period.

[animal_rescue]

Even if the breed is banned in a city or a county, if the animal is a CERTIFIED service animal, the Federal Act takes precedence. Federal law supercedes all state and county and town laws Period.

Hmm I've always wondered about that. Thanks for letting us know!

[DrKym]

Your welcome.

Now that I have given you that info do I get rewarded with Maggie pics??

See I am shameless, I will beg for maggie pics on any thread

Kym

[Lady's Human]

Federal law does NOT always trump state law.

Little thing called the 10th amendment.

If it were so cut and dry a large % of USSC cases would never have been needed.

[DrKym]

Federal law does NOT always trump state law.

Little thing called the 10th amendment.

If it were so cut and dry a large % of USSC cases would never have been needed.

In this instance it does as it has been upheld by the supreme court several times over.

The ADA Service animal law will trump state and local laws even in regards to breed bans.

I am not knowledgable enough to know about police work etc but I do have many years of experience with this law, and the way it is seen and dealt with by the courts.

this is one link that is helpful and I will go through my data base for other court cases supporting this information.

http://www.usdoj.gov/crt/ada/animal.htm

[Lady's Human]

That comment was in reference to your blanket statement about federal law trumping state, county and local laws. In this case it may, but in many cases it doesn't.